In order to determine whether or not a group of CWFL holders can join together to act as voluntary, uncompensated organized security for a religious organization, we first need to determine if a CWFL holder can even carry a weapon at the institution. There is no law in Florida prohibiting the carry of a firearm at a church or other religious institution. Generally, a CWFL holder can carry concealed at a place of worship in this state. However, there are some common exceptions in many religious institutions.
Determining Factor: School on Property
Whether or not one may carry a firearm with a CWFL to church will depend on whether or not the church has a school component or daycare component. Florida Statute 790.115 defines schools to include preschools. A childcare facility includes any childcare center or childcare arrangement which provides childcare for more than five children unrelated to the operator, and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, whether or not operated for profit. Therefore, if your church has a school, daycare, or childcare facility with more than five children and receives payment or a grant for the children attending, you are not going to be able to carry a firearm to church services. This applies even if the school is not in the same building as the services you are attending, and still applies even if the school is closed on the day you are attending services.
Congregants as an Organized Security Force
Assuming that the congregants can carry on the property of their church, then we can discuss whether or not a church can allow congregants to act as an organized security force. This is a complicated issue with much disagreement over it. Due to the large number of shootings which have occurred at churches and other religious institutions, many churches have established security forces made up of volunteers from their congregation. Although, there is no prohibition from carrying at church, having CWFL holders organize and act as security for the church may not be the best course of action. In fact, it may be illegal and can lead to both civil and criminal actions.
The issue here is not whether an individual may concealed carry at church for his or her own protection. The issue is whether or not a group of CWFL holders may organize themselves, or be organized by the institution, to act as a private security company to provide security services to a church without being properly licensed, even if uncompensated. When a statute is not clear in its meaning, the courts look to the intent of the legislature to decide what was intended. When it comes to licensing security guards, the legislator wrote:
The legislature recognizes that the private security, investigative, and recovery industries are rapidly expanding fields that require regulation to ensure that the interests of the public will be adequately served and protected. The legislature recognizes that untrained, unlicensed persons or businesses, or persons who are not of good moral character engaged in the private security, investigative, and recovery industries are a threat to the welfare of the public if placed in positions of trust. Regulation of licensed and unlicensed persons and businesses engaged in these fields is therefore deemed necessary.”
Here, the legislature clearly makes known its intent to regulate anyone providing security services, whether or not they have a security license. Further, this statement of legislative intent says nothing about regulating only those who receive pay for the provisions of security services.
Based on this statement of legislative intent written at the beginning of the statute, a judge might determine that the unlicensed provision of security services, even by volunteers, is forbidden. A judge could also look at the entire statute and say that if the legislature had intended to regulate unpaid voluntary security, they would have explicitly said so in the law. Currently, there are no reported cases dealing with this, so caution is recommended.
Further, if CWFL holders are organized and operating with church knowledge and permission, or at the church’s request and organization, the church is opening itself up to potential civil liability if something goes wrong and an innocent person is shot by one of these security force members, or if a member of the security force uses excessive force. If you have any other questions related to your firearms, give U.S. LawShield a call today and ask to speak to your Independent Program Attorney.
The comment on schools on church property seems to say, that if the church receives money “by student enrolled” (my language), than the church cannot have CFWL holders carry on the property. Does that prohibition also cover the instance of a non-church owned school renting space from the church (Monday-Friday) regardless of quantity of students?
Does Sunday School count as a school? Most churches have a Sunday School that receives some money for educating students but it is not a Monday to Friday school only on Sunday and maybe two evenings a week.
What I have read and heard from my ccw class was Sunday school or Wednesday youth groups do not count. But any classes where they are educating elementary ages up(with a certificate or etc.) or any pay for day care would count as a class. Not sure if your church offers a dance class or martial arts class if that counts or not?
This needs someone to take it to the legislature. I believe it’s right to be allowed to protect your church family that you love when someone attacks them. Are we supposed to cower & watch our loved ones be murdered just because those in the legislature want to appease those that hate the second ammendmant ?
Proud to be a member of Lawshield & Life member of the NRA.
I’m not seeing the term “daycare” or “childcare” or the number of children of 5 or more in this section of law. Can you clarify please?
Teachers, directors, and staff,if eligible, should b able to conceal carry at schools, churches, daycares, camps, and field trips or at the very least in a safe indoors to protect them selves and the community from the Otherwise it will just be Columbine and Vegas everywhere u look because believe it or not…. Law breakers and murders dont follow the laws …so ur just making our nation defenseless . isnt it a law to not have guns on school grounds for yeas ? Yet … how manny shootings with innocent deaths have we had this year alone ?? Like a speed LIMIT sign… if people want to go faster …. And think they can get away with it … they will do so!
With that being said … i don’t think any concealed carrier should be able to carry in those places… they should have a higher standard (mind you cwfl is your choice) but if you were to carry on school yards
Make it a more strict second level permit
No second chance policy
Revoked for brandishing
Must go to range min of once every three weeks to keep up…ACCURACY, FAMILIARITY and CONFIDENCE (lower percentage of accidents)
1hr. Mandated psychology consultation every week
And must get re certified winter and summer break (twice per year) to keep the law and safety fresh in their minds
That should b the choice of the establishment not the parents because their the ones taking on the responsibility to watch and protect your kids and i dont know about yo but if my little girl was in gymnastics of son in football and some shmuck walks in t with with a m-16/ak/ar-15 and starts spraying everyone down u would wish u, ur peers, or the staff had training, and means to stop it before it starts or at least not let it finish … instead if making it a law …”no guns” because clearly thy don’t care about that memo and now they know everyone is sitting ducks …. Maybe you will open your eyes as a nation slowly … one candle light ceremony at a time … but thats too little … too late…
🙏if u made it this far …. Sorry for typos … typing while im falling asleep 🤣
Y’all b good now 🤙🏽